Web Exclusive: April 2018: The Top 13 Labor And Employment Law Stories

It's hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months of 2018 are any indication, things won't be slowing down anytime soon. In fact, there were so many significant developments taking place during the past month that we were forced to expand our monthly summary beyond the typical "Top 10" list. In order to make sure that you stay on top of the latest changes, here is a quick review of the Top 13 stories from last month that all employers need to know about:

Another Landmark Ruling: Court Says Transgender Discrimination Violates Federal Anti-Bias Law - In what appears to be the first time a federal appeals court has extended the nation's main federal employment discrimination statute to cover transgender and transitioning employees, the 6th Circuit Court of Appeals ruled on March 7 that employers cannot discriminate against such employees without violating Title VII. The appeals court also rejected the employer's attempt to claim that its religious beliefs should shield it from such discrimination claims, opening the door for other applicants, employees, and former employees to avail themselves of statutory anti-bias law. Here are three things employers need to know about the milestone ruling in Stephens v. R.G. & G.R. Harris Funeral Homes, Inc. (read more here). FLSA Amendment Bans Employers From "Keeping" Tips - In the budget reconciliation bill passed on March 23, Congress included a rider amending the federal Fair Labor Standards Act (FLSA) to state: "An employer may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees' tips, regardless of whether or not the employer takes a tip credit." Furthermore, it provides that the U.S. Department of Labor (USDOL) regulations from 2011 "shall have no further force or effect" to the extent that portions do not address this section as it existed at the time. But the amendment leaves many questions unanswered: Will the USDOL issue a final rule explicitly acknowledging the validity of mandatory tip pooling arrangements that involve non-customarily tipped employees if no tip credit is taken? Or will the agency simply view that issue as settled with Congress striking down parts of the 2011 regulation that started the problem in the first place? Congress has now said that "managers" and "supervisors" may not keep any portion of an employee's tips, but those terms are not defined in the FLSA - will the USDOL issue guidance about which employees fit within those terms? (read more here and here). Washington Employers Face Trio Of New Workplace Laws - Governor Jay Inslee signed three major pieces of legislation in March...